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Home My WebLink AboutMINUTES - 12192006 - C.32 TO: BOARD OF SUPERVISORS, AS GOVERNING ��'w , `=_" . Contra .- BOARD OF THE FLOOD CONTROL & WATER _ CONSERVATION DISTRICTC®s'� x -2 FROM: MAURICE M. SHIU, CHIEF ENGINEERtCtt=''' ~�� s�q Co County DATE: OCTOBER 24, 2006 C SUBJECT: Notification of Hearing to Consider Repeal of Drainage Fee Ordinances Nos. 98-51, 98-52, 9.8-53, 98-54, 98-55, 98-56, and 2001-20 and Adoption of New Drainage Fee Ordinances for Drainage Areas 29C, 29D, 29E, 29G, 29H, 30B,!and 52D, Antioch, Brentwood and Oakley areas. (Districts III and V) Project No. 7568-6F8127 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: 1. INTRODUCE Ordinances Nos. 2006!46, 2006-47, 2006-48, 2006-49, 2006-50, 2006-51, and 2006-52 to adjust drainage fees in Drainage Areas 29C, 29D, 29E, 29G, 29H, 30B, and 52D, and WAIVE reading. 2. ADOPT Resolution No. 2006/ G9 ifixing December 19, 2006, for adoption of the new ordinances. CONTINUED ON ATTACHMENT: El SIGNATURE: / ✓ RECOMMENDATION OF COUNTY ADMINISTRATOR RE &IMENDATION OARD COM1111 EE ✓ APPROVE OTHER SIGNATURE(S): Xi—,t/_,,c� 4�,t e ACTION OF BOAON 0e,,QOtL, 4G APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT / 4 fit/ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: I Contact: Yadollah Fathollahi(925-313-2016) G.'\F1dCtl\BOard Orders 2005 Onward\2006 BO\Oakle -Ant DAs Fee(Amend- ATTESTED Notification BO 10-24-06.doc JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS cc: County Administrator ' Building Inspection Conntunity Development County Assessor County Auditor—Controller BY: ,DEPUTY County Counsel County Treasurer—Tax Collector . Public Works: Paul Detjens,Flood Control Environmental Engineering Services Building Industry Association P O.Box 5160 San Ranwn,CA 94583 . I SUBJECT: Notification of Hean�g to Consider Repeal of Drainage Fee *11,ances Nos. 98-51, 98-52, 98-53, 98-54, 98-55, 98-56, and 2001-20 and Adoption of New Drainage Fee Ordinances for Drainage Areas 29C,29D,29E,29G,29H,301,and 52D,Antioch,Brentwood and Oakley areas.(Districts III and V) Project No. 7568-6F81127 DATE: OCTOBER 24, 2006 PAGE: 2 of 2. I FISCAL IMPACT: I The drainage fees per square foot of impervious surface area will increase as follows: I Drainage Area(DA) 29C 29D 29E 29G 29H 30B 52D i Existing Fee 98-51 98-52 98-53 98-54 98-55 98-56 2001-20 Ordinance i DA Plan Drawing FD-13010 FD-13011 FD-12604 D-12031 FD-12575 FD-11927 FD-13067 No. Existing DA Fee 0.58 0.69 0.55 0.52 0.66 0.65 0.92 Proposed DA Fee 0.67 1.71 1.60 1.24 0.90 1.33 1.05 i I REASONS FOR RECOMMENDATIONS SAND BACKGROUND: I The District periodically reviews the financial)health of drainage areas to ensure the current drainage area fees are sufficient to complete the facilities described in the drainage area plans. The existing fees for Drainage Areas 29C, 29D, 29E, 29G, 29H, 30B, and 52D in the Aniioch,Brentwood, and Oakley areas were found to be insufficient to complete the needed infrastructure.The proposed new drainage fee ordinances for Drainage Areas 29C,29D,29E, 29G, 29H, 30B, and 52D will provide sufficient funding to complete the facilities described in the drainage area plans for these drainage areas. I _CONSEQUENCES OF NEGATIVE ACTION: I Negative action will result in a shortage of funds needed to complete the drainage facilities in Drainage Areas 29C, 29D, 29E, 29G, 29H, 30B, and 52D. I I I I I I I I i I I I I I I I SIE BOARD OF SUPERVISORS 01 CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BOARD OF THE CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT I Adopted this Resolution on October 24, 2006, by the following vote: I I I AYES: Uilkema, Piepho, DeSaulnier,Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ 6lr (West's Water Code.App. Ch. 63, See. 12.2 and 12.3) I I SUBJECT: Notification of Hearing to Consider Repeal of Drainage Fee Ordinances Nos. 98-51, 98-52, 98-53,98-54, 98-55,98-56,1 and 2001-20 and Adoption of New Drainage Fee Ordinances for Drainage Areas 29C, 29D, 29E, 29G, 29H, 30B, and 52D, in the Antioch, Brentwood, and Oakley Areas. (Districts IH'and V) Project No. 7568-6D8127 The Board of Supervisors of Contra Costa County,as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, RESOLVES THAT: The Contra Costa County Flood Control and Water Conservation District Act, hereinafter referred to as the Act,provides authority for the filing of supplementary, amendatory.and additional engineer's reports and for the adoption of drainage fee ordinances. I This Board has before it for consideration of adoption proposed new drainage fee ordinances for Drainage Areas 29C,29D,29E,29G,29H,30B,and$2D,which are attached hereto and marked Exhibit"A,"providing for payment of the increased cost of the fadilities described in the drainage plans for said drainage areas. I I GC:YF:cw G:\FldCtl\Board Orders 2005 Onward\2006 Resolutions \Oakley-Ant Fee Amend-Notification of Hearing Reso 10-24-06.doc I I hereby certify that this is a true and correct copy of an Orig.Dept.:Public Works(Flood Control Contact Person:Yadollah Fathollahi(925-313-2016) action taken and entered on the minutes of the Board of cc: County Administrator Supervisors on the date shown. Building Inspection Community Development County Assessor County Auditor—Controller ATTESTED: County Counsel County Treasurer—Tax Collector JOHN CULLEN,Clerk of the Board of Supervisors and Public Works: Paul Dctjens,Flood Control County Administrator Environmental Engineering Services Building Industry Association P.O.Box 5160 San Ramon,CA 94563 By _ Z*Y4�m,� Deputy I i I RESOLUTION NO. 2006/ 6� 'll . i . I SUBJECT: Notification of Hea ng to Consider Repeal of Drainage Fe krdinances Nos. 98-51, 98-52, 98-53, 98-54, 98-55, 98-56, and 2001-20 and Adoption of New Drainage Fee Ordinances for Drainage Areas 29C, 29D, 29E, 29G, 29H, 30B, and 52D, in the Antioch, Brentwood, and Oakley Areas. (Districts III and V) Project No. 7568-6D8127 DATE: OCTOBER 24, 2006 PAGE: 2 I This Board also has before it the updated engineer's report, entitled "Updating Drainage Fee Ordinances for Drainage Areas 29C,29D,29E,29G,29H,30B,and 52D,"which provides an updated estimate of the cost of the facilities to be borne by property owners in the drainage areas and the environmental documents prepared for the proposed actions. Said document islon file with,and maybe examined at,the office of the Clerk of the Board of Supervisors, Administration Building, Martinez, California. I On September 13,2005,the Board determined that the Drainage Area Fee Amendments are not subject to the California Environmental Quality Act(CEQA),pursuant to Section 15061 (b)(3)and 15378(b)(4)of CEQA Guidelines (California Code of Regulations, Title 14). I It is proposed that the existing drainage fee Ordinances No. 98-51, 98-52, 98-53, 98-54, 98-55, 98-56, and 2001-20 be repealed and that the proposedl drainage fee ordinances be adopted. I At 9:30 a.m. on December 19,2006,in the Chambers of the Board of Supervisors,Administration Building, Martinez,California,this Board will conduct a public hearing on the proposed repeal of the existing drainage fee ordinances and adoption of the new drainage fee ordinances.At said hearing,this Board will consider and will hear and pass upon any and all written'or oral objections to the proposed action.Upon conclusion of the hearing,the Board may abandon the proposed plan amendment,repeal of the existing drainage fee ordinances and adoption of the new drainage fee ordinances or proceed with the same. The Clerk of this Board is DIRECTED tol publish a Notice of the Hearing, pursuant to Government Code Section 6066, once a week for two (2) successive weeks prior to the hearing in the Contra Costa Times, a newspaper of general circulation, circulated in Drainage Area 29C, 29D, 29E, 29G, 29H, 30B, and 52D. Publication shall be completed at least seven(7)days before said hearing and said notice shall be given for a period of not less than twenty(20) days. i The Clerk of the Board is further DIRECTED to mail a copy of the Notice of Public Hearing to any interested party who has filed a written request for mlailed notice with the Clerk of the Board or with the District, as provided by Government Code Sections 54986(a) and 66016(a). Said mailing shall be performed at least fourteen (14) days prior to the hearing. The exterior boundaries of said drainage areas include lands within the City of Antioch, City of Brentwood and City of Oakley. The Clerk of this Board is DIRECTED to forward to the governing bodies of said cities a copy of this Resolution at least twenty(20) days before the above noted hearing. I I I I I I I I RF_:SOI._('TION AVO. 2006169-.P'- I • II LEGAL PUBLICATION REQUISITION 3 b CV Contra Costa County C '9 COUN'� I I FROM: Clerk of the Board i TO: Contra Costa Times 651 Pine St., Room 106 1 P.O. Box 4718 Pine Street, Martinez 94553 Walnut Creek, CA 94596 I E-MAIL: cctlegalsCccti mes.com FAX No. 925-943-8359 I Date: Requested by: II�L. SIiA�tP i OCILER 2�1, 2006 Phone No.: 925-335-1903 1 Reference No.: 2016 I Ora.: Sub Object: 2190 1 Task: SAS Activity: I Publication Date (s) NOVEMBER 22 ,1 2006 and NOVEMBER 28, 2006 I No. of Pages: (2) I LEGAL PUBLICATION ADOPTiION OF ORDINANCE NOS . 2006-46 , 2006-47 , 2006-48 , 2006-49 , 2006-50., 2006-51 AND 2006-52 . i I I I i I *** Immediately up9n expiration of publication, *** send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. I � I "E MAIL , Authorized Sianatur (` 1 i I Please confirm date of publication and receipt of this fax. II I I I I Z:ONTRA COSTA COUNTN PUBLIC WORKS DEPARTMENT 25.5 Glacier Drive Martinez, CA 94553 1 The Board of Supervisors, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District, has set 9:30 a.m. on December 19, 2006, Administration Building, 651 Pine Street, Martinez, California 94553, as the time and place for a nearing on the repeal of Drainage Fee Ordinance Nos. 98-51, 98-52, 98-53, 98-54, 98-55, 98-56, and. 2001-20 and the adoption of neve Drainage Fee Ordinances for Drainage Areas 29C, 29D, 29E, 29G, 29H, 30B, and 52D under the provisions of the Contra Costa County Flood Control and Water Conservation District Act, in the Antioch, Brentwood, and Oakley areas. (Districts I.I.I. and V) I I The new drainage fee ordinances will increase the fee in order to finance the completion of the drainage facilities on the adopted drainage area plan and update the costs to current prices. The drainage fee per square foot of impervious surface area will increase as follows: Drainage Area (.DA) 29C 129D 29E 29G 29H 30B 52D I Existing .Fee Ordinance 98-51 98-52 98-53 98-54 98-55 98-56 2001-20 i Existing DA Fee 0.58 10.69 0.55 0.52 0.66 0.65 0.92 Proposed DA Fee 70.67 111.71 1.60 1.24 I 0.90 1.33 1.05 The new drainage fee ordinances contain �a provision authorizing automatic annual fee updates using the Eiiahieerina Ncruc Rceor(Ps Construction Cost Index. I The proposed drainage fee ordinances and engineer's report are on file and available for inspection at the Flood Control District Office, 255 Glacier)Drive, Martinez, California, 94553, or at the office of the Clerk of the Board of Supervisors. I At the public hearing, the .Board will consider all written and oral comments on the proposed action, and either approve the proposed action, continue the proceedings, or abandon the proposed action. I I ATTESTED: OCTOBER 24. 20.06 I By EMY L. SHARP Deputy 1 PUBLICATION DATES: 1 NOVEMBER 22, 2006 I NOVEMBER 28, 2006 I I I I I I CONTRA COSTA CONNA PUBLIC WORKS DEPARTMENT 255 Glacier Drive Martinez, CA 94553 I I I . PUBLICATION REQUEST I TO: Jane Penniii ton,l Chief Clerk of the Board Attn: Emy Sharp. Deputy Clerk, Clerk of the Board eshar (ocob.cccountv.us I FROM: Catherine Windlh'am / Yadollah Fathollahi Public Works Department (925) 313-2270 dr (925) 313-2016 I BOARD MTG. DATE: October 24, 2006 I PREVIOUSLY APPROVED BY BOS ON: I HEARING DATE: December 19, 2006 I PUBLICATION DATES: Publish notice of hearing once a week for two (2) successive weeks prior to the hearing. I REQUESTED PUBLISHING PAI'ER(S): Contra Costa Times I I I Do not type below this line—Publreation language on following page I I I I I I I I I i I i I I i II I I r "Catherine Windham" To: <EShar@cob.cccounly.us> <cwind@pw.cccounty. cc: "Joellen Waters" <jwate a•pw.cccounty.us>, "Yadollah Fathollahi" us> I <yfath a.pw.cccounty.us>, "Greg Connaughton" <gconn@pw.cccounty.us> 10/16/2006 11:08 AM Subjelct: Publication Request & Hearing Confirmation for 12/19/06 BOS from Flood Control I Hi Emy, I As we discussed earlier today, attached is the Hearing Confirmation Form and Publication Request for the Hearing on December 19, 2006, regarding new ordinances for drainage fee amendments for the Antioch, Brentwood, and Oakley areas (Districts III and V). If you have any questions, please let me know at the phone number below. Thanks. Catherine Windham Senior Clerk Flood Control (925)313-2270 II Oakley Pee Amend Confirm 12-19-0E Oakley Fee Amend Leqal Notice 10-24-0r I I I I I I I I I I I I I I I I I I I I I I I I i I ' I I ' I I I